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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Enter or Remain in or upon Building or Land with Intent to Commit Indictable Offence - s.114(1)(d)   

s.114(1)(d) Enters or remains in or upon any part of a building or any land occupied or used in connection therewith with intent to commit an indictable offence in or upon the building (7 years)

Name
(age if known)

OffencePleaSentenceAppealRecordFacts

Morgan

(31)

[2003] NSWCCA 230

s.114(1)(d)

 

s.97(1)

s.59(1)

 

Sched:

4 offences

PG

(25% for plea and Fernando)

4y

NPP 2y 6m

 

Total:

7y 6m

NPP 6y

AA

3y 6m

NPP 18m

 

Total:

6y

NPP 4y

Extensive record – breached parole

Assaulted and robbed victim with co-offender – 3 months later entered premises and assaulted both occupants – prolonged attack

Aboriginal offender with difficult background

Martin

(19)

[2003] NSWCCA 325

s.114(1)(d)

 

3 x s.112(1)

s.117

PG

(25%)

FT 12m

 

Total:

3y

NPP 1y

AD Entered property with co-offender and stole money – broke into house of 82y female and stole $151,000 from safe – broke into service station and stole cigarettes and caryard and stole clothing and computer – cut motor from boat

MJM

(24)

[2004] NSWCCA 66

s.114(1)(d)

 

9 x s.112(1)

s.33B(a)

PG

(15%)

FT 9m

 

Total:

6y

NPP 4y

ADHabitual offender

All offences committed in 1995 on same day – broke into residential properties and stole property – s.114 offence committed when interrupted by neighbour and left premises – threatened police with tomahawk on arrest

Aboriginal with deprived background

Hayes

(26)

[2004] NSWCCA 156

s.114(1)(d)

 

s.61I

s.61L

 

Sched:

3 offences

PG

FT 2y

 

Total:

12y

NPP 9y3m

(all sentences cumulative)

ADLater two offences committed on bail – record for indecent assaultSexually assaulted tourist in street forcing penile-vaginal intercourse – 17m later indecently assaulted prostitute – 6m later  attempted to force entry into home unit of female at 6am in morning

Crowley

(21)

[2004] NSWCCA 256

s.114(1)(d)

 

2 x s.59(2)

PG

(25%)

2y Bond

 

Total:

1y

NPP 9m

Crown ADBreached bond – lengthy record including imprisonmentWith co-offender attempted to remove large television from wall in restaurant – involved in assault on two men outside Surf club

Ibrahim

(35)

[2005] NSWCCA 43

s.114(1)(d)

 

Intimidation

Unauthorised possess firearm

3 x Supply cannabis leaf

 

Sched:

3 offences

PG

(20%)

2y

NPP 18m

 

Total:

4y 2m

NPP 3y 9m

AA

FT 18m

 

Total:

4y

NPP 3y

Later offences committed on bail for first offences - lengthy recordLet into unit by victim's flatmate – woke sleeping victim and demanded money – threats made – stole wallet – on arrest found in possession of 0.73g cocaine and .22 semi-automatic handgun – two years later supplied undercover police officer with cannabis

Diab

(32)

[2005] NSWCCA 341

s.114(1)(d)

 

2 x s.113(1)

s.117

 

Sched:

Larceny

PG

FT 1y

 

Total:

6y 2m

NPP 3y 7m

ADLengthy record

Entered or attempted to enter three commercial premises

Gambling problem

Smith

(32)

[2005] NSWCCA 339

s.114(1)(d)

 

Supply prohibited drugs.35(1)(b)

PG

(15%)

3y

NPP 1y

 

Total:

6y 6m

NPP 4y

AA / Crown AA

Sentence for s.114(1)(d) unchanged

 

Total:

5y 9m

NPP 3y 9m

Record including imprisonment

Left 0.05g methylamphetamines at house for victim's mother – later returned and entered house through kitchen window – wrapped string around 14y female sleeping victim and applied significant force

Drug addiction

McNaughton

(33)

(2006) 163 A Crim R 381

s.114(1)(d)

 

s.59

PG

(15%)

FT 2y 2m

 

Total:

4y

NPP 2y 6m

ADlengthyAttempted to steal money from amusement machine in holiday resort – threw coffee tin at manager attempting to stop offender

Collett

(20)

[2009] NSWCCA 236

2 x s.114(1)(d)

 

s.97(1)

s.117

 

Sched

3 offences

PG

(25%)

17m

NPP 9m

 

Total:

2y 9m

NPP 18m

Crown AA

Sentence for s.114 unchanged

 

Total:

3y 6m

NPP 22m 15d

 

Forced entry into club with three other men by smashing window and stole alcohol – forced entry into second club by smashing glass door but took nothing – robbed newsagency

Failed to give promised assistance

Gill

(38)

[2010] NSWCCA 236

s.114(1)(d)

 

s.112(2)

2 x s.195(1)(b)

 

Sched:

4 x property damage by fire

PG

(12%)

3y

NPP 2y

 

Total:

8y 3m

NPP 6y

ADLengthy record

Entered store after hours with co-offender who worked at store – stole $16,890 from safe and damaged doors to simulate forced entry – later set fire to store causing extensive damage – two months later caused fire damage to council ticket box and shed containing building materials

Chaotic childhood – alcohol and drug dependence

Couch-Clarke

(19)

[2010] NSWCCA 288

s.114(1)(d)

 

3 x s.95(1)

s.59

 

Sched:

AOABH

Affray

PG

(25%)

FT 9m

 

Total:

4y 6m

NPP 3y 6m

AA / Crown AA

Sentence for s.114(1)(d) unchanged

 

Total sentence unchanged

Breached bonds – minor recordEntered hotel room with three others - assaulted and robbed teenage male occupants

Roberts

(39)

[2012] NSWCCA 232

s.114(1)(d)

 

Sched:

4 offences

PG

(25%)

3y

NPP 2y 3m

ADSignificant record for violence – breached AVO and four bonds

Intent to intimidate - during argument with long term partner produced tomahawk and refused to leave premises – punched victim and held blade to throat – mid range seriousness

History of domestic violence in relationship with victim

Last updated: 15.5.2017

 

  

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